Constitution of Novaya
The Constitution of Novaya is the constitution or supreme law of Novaya. Its final draft was completed by the Federal Constitutional Commission on May 11, 1997 and was ratified by a national plebiscite on the same day. The Novayan Constitution was patterned after the Philippine/Denestoban and Tondonese constitutions. Several other constitutions effectively governed Novaya: the 1891 Norsoutha-Tomoshima Constitution, the 1899 Yanosama Constitution, the 1932 Morales Constitution, the 1945 Commonwealth Constitution, the 1950 Federal Constitution, the 1981 Federal Constitution, and the 1997 Federal Constitution. Structure and contents Preamble The preamble introduces the constitution and the source of sovereignty, the people. It follows the pattern of past constitutions, including an appeal to God. : We, the sovereign Novayan people, implore the almighty aid of God, to build a just and humane society and establish the Government which will embody our ideals, ambitions and aspirations, promote the common good, conserve and develop the patrimony of the Novayan nation, and secure the blessings of independence and democracy to us under the rule of law and a regime of truth, justice, freedom, love, equality, peace, and honor, and do ordain and promulgate this constitution. Article I - National Territory The national territory comprises the Novayan Archipelago, with all the islands and waters embraced within, and all other territories over which Novaya have sovereignty or jurisdication, consisting of its territorial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of Novaya. The national territory, which includes the Antarctic territory, comprises the Novayan Antarctic Territory, 5-9% of the Antarctic coastline and 12% of inland Antarctica. The lunar territory, as part of the national territory, comprise the Johannes Kepler highland, the Albert Einstein highland, the Wernher von Braun, the Montes Taurus, and the Hadley-Apennine highland ridge east of the Mare Ibrium. Article II - Declaration of Principles and State Policies Article II lays out the basic social and political creeds of Novaya, particularly the implementation of the federal constitution and sets forth the objectives of the government. *Novaya is a federal republic *Use of military force only as a last resort should diplomacy fail *Supremacy of joint civil and military authority *Separation of church and state (inviolable) *Pursuit of an independent foreign policy *Abrogation of nuclear weaponry *Family as the basic unit of the state *Role of youth and women in nation-building *Autonomy of local governments *Equal opportunity for public services and the restricitons on political dynasties Article III - Bill of Rights Article III enumerates on the specific protections against the abuse of state power, most of which are similar to provisions of the American Constitution. *A right to due process and equal protection of law *A right against searches and seizures without a warrant issued by a judge *A right to privacy *The right to freedom of speech and expression, freedom of the press, freedom of assembly, and the right to petition *The free exercise of religion *A right of abode and the right to travel *A right to information on matters of public concern *A right to form associations *A right of free access to courts *The right to remain silent and the right to seek and have competent legal counsel *A right to bail and against excessive bail conditions *A right to habeas corpus *The right to a speedy trial *The right against self-incrimination *The right to political beliefs and aspirations *A prohibition against cruel, degrading or inhumane punishment *Protection providing for no imprisonment for debt *The right against double jeopardy *Prohibition of ex post facto laws and bill of attainder *A prohibition and the right against discrimination Article IV - Citizenship Article IV defines the citizenship of Novayans. It enumerates two kinds of citizens: natural-born citizens and naturalized citizens. Natural-born citizens were those who are citizens from birth without having to perform any act to perfect or acquire Novayan citizenship. Novaya folows a jus sanguinis system where citizenship is mainly acquired through a blood relationship with Novayan citizens. Natural-born citizenship form an important part of the political system as only natural-born citizens were eligible to hold offices, including all elective offices beginning with a representative in the House of Representatives to the Prime Minister. Naturalized citizens were permitted to vote for candidates eligible for the elective offices of local, municipal, city, provincial and regional governments. Regardless of their origins, naturalized and natural-born Novayan citizens were allowed to vote for actions and choices regarding events within and without. Article V - Suffrage Article V mandates various age and residence qualifications to vote and a system of secret ballots and absentee voting. It also mandates a procedure for overseas and disabled and illiterate Novayans. Article VI - Legislative Department Article VI provides for a bicameral legislature called the National Assembly, full name National Parliamentary Assembly, compose of the State Council of the Novayan Commonwealth and the Novayan House of Representatives. It invests upon Congress, among others, the power of investigation and inquiry in aid of legislation, the shared power to declare the existence of a state of war, the power of the purse, the power of taxation, and the power of eminent domain. Article VII - Executive Department Article VII provides for a hereditary and militaristic form of government where the executive power is invested in the Grand Marshal. It dictates for the power, qualifications and functions of the Grand Marshal. It also provides for a Marshal Apparent and for the hereditary line of succession. Article VII also provides for a Prime Minister, who is elected by the people and handpicked by the Grand Marshal on his or her discretion. Article VIII - Judicial Department Article VIII vests the judicial power upon the Supreme Court and other lower courts as may be described and established by law. While the power to appoint justices and judges still reside in the Grand Marshal, the Grand Marshal have from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, a body composed of the Chief Justice of the Supreme Court, the Minister of Justice, the Chairs of the State Council and House Committees on Justice, and representatives from the legal profession.